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2005 (9) TMI 32 - ALLAHABAD HIGH COURTReassessment – notice u/s 148 - A perusal of the assessment order shows that unaccounted sales at Rs. 49,14,455 were estimated from the seized sale bill book Nos. SB-23, SB-49, SB-54, SB-56, SB-57, SB-58, SB-59 and SB-100 and the undisclosed profit at Rs. 9,74,334 was estimated on the aforesaid undisclosed sales while the notice under section 148 of the Act has been issued on the basis of seized sale bill book Nos. SB-103, SB-104 and SB-105, which relate to unaccounted sales of Rs. 93,99,100 of wah gutkha. These bills have not been considered and made the basis for estimating the unaccounted income in the original assessment proceedings. Therefore, the belief of escaped income formed on the basis of seized material, SB-103, SB-104 and SB-105 cannot be said to be without any basis. Thus, we are of the view that initiation of the proceedings under section 148 of the Act cannot be said to be without any material or based on irrelevant material. In the result, the writ petition is dismissed
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